APOTEX, INC. v. CEPHALON, INC. et al
ORDER THAT DEFT CEPHALON, INC,'S MOTION FOR JUDGMENT ON PARTIAL FINDINGS (DOC #449) IS DENIED. UNITED STATES REISSUE PATENT NUMBER RE 37,516 IS DECLARED INVALID AND UNENFORCEABLE. JUDGMENT IS ENTERED IN FAVOR OF PLFF, APOTEX, INC., AS TO COUNTS I AND II OF THE SECOND AMENDED COMPLAINT (DOC #195). ( SIGNED BY HONORABLE MITCHELL S. GOLDBERG ON 10/31/11. ) 10/31/11 ENTERED AND COPIES E-MAILED.(gn, )
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
CEPHALON, INC., et al.,
ORDER AND JUDGMENT
AND NOW, this 31st day of October, 2011, following a bench trial, and after careful review
of the parties’ briefs, for the reasons set out in the Memorandum Opinion filed this day, it is hereby
Defendant Cephalon, Inc.’s “Motion for Judgment on Partial Findings” (Doc. No.
449) is DENIED;
United States Reissue Patent Number RE 37,516 is declared INVALID and
Judgment is entered in favor of Plaintiff, Apotex, Inc., as to Counts I and II of the
Second Amended Complaint (Doc. 195).
BY THE COURT:
/s/ Mitchell S. Goldberg
MITCHELL S. GOLDBERG, J.
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